ROMAN v. MITCHELL


165 N.J. Super. 68 (1979)

397 A.2d 729

MICHAEL ROMAN, AN INFANT, BY HIS GUARDIAN AD LITEM, CAROL ROMAN, AND CAROL ROMAN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT MITCHELL, JR., SHERMAN WADE, JR. AND SALVATERRA CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1979.


Attorney(s) appearing for the Case

Mr. Leonard F. Rappa argued the cause for appellants (Messrs. Monico and Rappa, attorneys).

Mr. David Lustbader argued the cause for respondent Mitchell, Jr. (Messrs. Philip M. Lustbader and David Lustbader, attorneys; Ms. Susan L. Moreinis on the brief).

Mr. Edward J. Gilhooly argued the cause for respondents Wade, Jr. and Salvaterra Construction Company.

Before Judges FRITZ, BISCHOFF and MORGAN.


PER CURIAM.

Plaintiffs, a mother and her 12-year-old son, sued defendants for damages arising out of injuries to the son. The accident occurred when rear wheels of a truck owned by defendant Robert Mitchell, Jr. and driven by defendant Sherman Wade, Jr. fell off and struck the boy while he was standing with his bicycle on the shoulder of the New Jersey Turnpike. Defendant Salvaterra Construction Company was alleged to have been liable as the employer of defendant...

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